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GOVERNMENT OF PUNJAB
DEPARTMENT OF INDUSTRIES & COMMERCE,
(INFRA SECTION)
Dated
11″ December, 2015
No.INFRA/GUIDELINES/TELECOM INFRASTRUCTURE/ 11265-A
The Indian Telecom Sector has witnessed phenomenal growth and mobile
telephony in particular which has revolutionized the life of a common man in the
Country over the past decade. Getting better telecom/high speed internet
connectivity in Punjab is imperative for all round development of the State and to
make it truly a digital State. Mobile Towers are integral part of any Mobile
Network and are pivotal for providing better connectivity.
- As per notification titled INFRA/ GUIDELINES/ TELECOM
INFRASTRUCTURE/ 13546 dated 5″ December 2013 governing grant of
permission for installation of telecom infrastructure and Right of Way, permissive
sanction was accorded for installation of Towers in open spaces owned/provided
by Government Department/Agency/Local Authority etc. on payment of Annual
Lease Charges for every such site amounting to 6% of the Circle Rate/Collector
Rate on per annum basis.
3 Even though, the Government had taken a policy decision in 2013, it has
been felt that more clarity in this regard is required for the formulation of
modalities in installation of towers in the open space/site in the premises of
Government Offices.
- Government have examined the matter afresh in light of DO letter dated
2.8.2015 of Sh. Ravi Shankar Prasad, Hon’ble Communication & IT Minister,
Government of India addressed to Chief Minister, Government of Punjab and
accordingly are pleased to grant permissive sanction to lease out Government
Land & Buildings including that of Public Sector Undertakings, Semi-Government
Undertakings, Boards, Corporations & Societies to any Licensed Telecom
Service Providers/Infrastructure Providers operating in State of Punjab on non
exclusive basis for installing Ground Based Mast (Tower)/Roof Top Tower, for
facilitating better communication connectivity in accordance with the guidelines
issued in the matter by the Government of India and Government of Punjab from
time to time. - The Telecom Infrastructure provider will identify the appropriate
Government Land or Building for installing Telecom Tower/Mast and will make an
application to the Office of Deputy Commissioner of the respective District. The
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application will be examined/considered by the committee consisting of following
officers:-
i) Deputy Commissioner or Additional Deputy Commissioner (General)-
Chairman.
ii) District Head of the concerned Department, Board, Corporation, Societies
whose land is to be leased out.
iii) SE (operations), PSPCL or his nominee.
iv) Any Officer out of the following who will be nominated by the Deputy
Commissioner:
a) Executive Engineer (Buildings)
b) Executive Engineer (Panchyati Raj)
c) Executive Engineer (Mandi Board)
v) Municipal Commissioner/E xecutive Officer of the concerned Municipal
Corporation/Municipal Committee in the Urban Areas.
vi) District Town Planner or his nominee in case of Rural Areas.
vii) | Deputy Commissioner can co-opt any other official as per local needs.
- The aforesaid Committee will decide the applications submitted by
Telecom Service Providers within 15 days of receipt of application. By way of
illustration, it is clarified that the Telecom Service Providers would be free to
establish Towers/Masts in Schools, Colleges, Fard Kendras, Suvida Centres,
Saanj Kendras, SDM Offices, Hospitals, Anganwari Centres etc. The
towers/masts to be established on the Government Land/Building will be of
modern technology. The lease rent to be charged from the Telecom Services
Providers would be as per policy notified earlier vide no. INFRA/ GUIDELINES/
TELECOM INFRASTRUCTURE/ 13546 dated 5″ December 2013. - After the Telecom Service Providers obtain permission from the aforesaid
committee, No NOC/Approval would be required from the any authority of State
of Punjab. - The permissive sanction being accorded for installation of towers/masts
on Government land/building will be subject to following conditions:-
i) 6% of the Circle Rate/Collector Rate of the land will be charged as annual
lease money for each such site on per annum basis. The registered
infrastructure providers will execute a Rent Deed with the concerned
Government Department/Entity who has the ownership over the
land/building in question. The registered infrastructure providers will be
responsible for the payment of all local levies/Taxes to the concerned
Local Body. For the time being, the Lease Rent of Government
Buildings/Lands will be received by the Office of Deputy Commissioners.
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(ii)As and when the Department of Finance makes a receipt head for
receiving lease rent in question, the said lease money shall be deposited
in the receipt head notified by the Finance Department.
Corporations/Boards/Societies will be able to receive the lease rent
directly.
(iii)The fee structure as notified by the State Government vide Notification No
INFRA/ GUIDELINES/ TELECOM INFRASTRUCTURE/ 13546 dated 5%
December 2013 shall remain applicable without any change what so ever.
(iv)Also, the Telecom Service Provider shall be responsible for paying any
other taxes /charges /fees levied under any law/ rules in force from time to
time.
(vi)If the tower being constructed at Government land/building is to be shared
with any other Telecom Service Provider in future as per technical
feasibility, the Telecom Service Provider should seek permission from
District Level committee before sharing infrastructure. For every additional
sharing, adequate sharing fee specified in Clause 2.0(A) of the Telecom
Policy dated 5.12.2013- Guidelines for laying of cables and
installation of Telecom Infrastructure by Licensees would be
applicable.
(vii)Telecom Service Providers/Infrastructure Providers shall have no right or
claim over any Government Building/Premises, in light of this policy for
granting permission for installing Ground Based or Roof Top
Towers/Masts. It shall be the discretion of the Head of the Office/District
Collector for taking a appropriate decision for allowing the installation of
Tower/Mast. Future expansion/extension of building/premises should be
kept in mind by the Head of Office/Deputy Commissioner. This permissive
sanction does not force any Department to grant permission.
Technical feasibility and structural stability would be considered by the
District Level Committee before allowing installation of towers/masts.
Telecom Company providing services should comply all regulations and
stipulations, rules issued by Government of Punjab and Government of
India from time to time (including that of the Ministry of Civil Aviation,
Government of India, EMR guidelines) in this regard.
Damage caused to the building/assets/land if any, shall be rectified by the
Telecom Service Providers/Infrastructure Providers to bring it back to the
original condition and to the satisfaction of the authorities concerned. The
Telecom Service Providers/Infrastructure Providers will be solely
responsible for any damage/losses to the property/people due to any
accidents occurring due to the Tower.
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(viii) Leasing premises or buildings to Telecom Service Providers/Infrastructure
Providers should not be detrimental to the daily routine activities of the
office or officers concerned.
This issues with reference to General Administrative Department (Cabinet
Affairs Branch) No.1/196/2015-1C abinet/3888 dated 24.10.2015.
Anirudh Tewari, IAS
Place: Chandigarh Principal Secretary to Govt. Punjab
December 01, 2015 Department of Industries & Commerce
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Endst.No.Infra/G uidelines/T elecom/Infrastructure/ 11266-A Dated:11.12.2015
A copy is forwarded to the Controller of Printing & Stationary, Punjab,
Chandigarh with the request that notification may please be published in the
extra ordinary Punjab Government Gazette notification. After publishing the same
100 copies may please be sent to this department.
J oint Director (Infra)
For Director of Industries & Commerce P unjab
Endst. No.Infra/Guidelines/Telecom/Infrastructure/ 11267-A Dated: 11.12.2015
A copy is forwarded to the following for information:-
1 The Principal Secretary to Government, Punjab, Department of Finance.
2 The Secretary to Government, Punjab, Department of Local Government.
3 The Secretary to Government, Punjab, Department of Housing & Urban
Development.
4 The Principal Secretary to Government, Punjab, Department of Rural
Development & Panchayats.
5 The Principal Secretary to Government, Punjab, Department of Public
Works Department (B&R).
6 The Principal Secretary to Government, Punjab, Department of Science &
Technology.
J oint Director (Infra)
For Director of Industries & Commerce Punjab
Endst. No.Infra/Guidelines/Telecom/Infrastructure/11268-A Dated:11.12.2015
A copy is forwarded to the Principal Accountant General, Punjab
(Audit and Entitlement) for information and necessary action.
J oint Director (Infra)
For Director of Industries & Commerce P unjab
Endst. No.Infra/G uidelines/Telecom/Infrastructure/ 11269-A Dated: 11.12.2015
A copy is forwarded to the Chairman, Punjab Pollution Control
Board, Patiala for information and necessary action.
Joint Director (Infra)
For Director of Industries & Commerce Punjab
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